Earlier this year, while I was teaching my 8-year old son how to dive, a lifeguard attempted to provide some assistance to him. Long story short, the lifeguard had my son perform a poorly conceived exercise that resulted in him slamming the upper portion of his right leg against the pool deck, causing a contusion on the upper part of the leg and abrasions along the shins on both legs from scraping the edge of the pool as he fell in. This exercise basically involved having the lifeguard hold one of my son's feet down to the pool deck while my son attempted to dive. The physical injury my son suffered was extremely painful for him but, thank God, caused no lasting damage. Do I have grounds for a lawsuit or any disciplinary action against the pool facility? To be clear, I'm less concerned with $$$ than I am with the dismissive attitude of the pool manager. His take on the accident is that as long as it was unintentional, then no harm done - which just isn't right. What would you do?
2007-12-14 17:30:09 · 14 answers · asked by Bruton 1 in Sports ➔ Swimming & Diving
...a few other things I should note are that I did not request or give express permission to the lifeguard. Additionally this accident occured in less than a second (think about it). Third, this is not a case of failing to prevent an accident, this is a case of a lifeguard causing an accident. Equating my son's injury to an injury sustained during a life-threatening situation (i.e. a firefighter saving someone from a burning building) are two completely different situations -- there was no "burning building" in this instance. When a physician makes a mistake that results in a medical complication, or worse, that physician is held accountable. The same is true for this lifeguard and pool facility. I should also note that I was a lifeguard, and National Park Service surf-guard. Thank you all for the responses.
2007-12-15 08:59:54 · update #1
I would be wondering, what kind of training the lifeguard had. I thought their job was to keep their eyes open regarding safety to all the swimmers.
While the lifeguard was assisting your son with learing how to dive, there could have been another kid going into deeper water where he/she shouldn't be.
Sounds like you were doing just fine with your son until the lifeguard stepped. Don't think he'll every do that again. At least I hope he wouldn't.
Manager could have done better then that.
Talk to Legal Aid for advice.
2007-12-14 18:03:45 · answer #1 · answered by Eagles Fly 7 · 0⤊ 0⤋
You're just a pissed off person with a vendetta. There were no consequences.
You're really turning to the darkside. What if some jerk with endless resources tried to break your finances and ruin your life because of a mistake that had no serious consequences? Are you perfect? Have you ever rear ended someone?
Go see a doctor and get to the root of your anger issues.
I think you are caught up in our culture, but you may also be a gold digger, a sociopath, or worse.
Get your head checked! These kids make 7.50 an hour!
2007-12-15 01:36:45 · answer #2 · answered by Anonymous · 2⤊ 1⤋
anyone can sue anyone for anything, but the proof is in the case.
If you can't win and winning is taking money, you are wasting your time. no harm no fal is right, not right to your son, but right.
The pool is ressponciable for the actions of it's employee's. So you can sue him for causing harm to your son, if that makes you feel better then do it. But a letter to the city parks manager would do more with the additude.
2007-12-15 01:36:29 · answer #3 · answered by John M 6 · 2⤊ 1⤋
the lifeguard is an employee and therefore an AGENT of the pool management company. Present your claim to their insurance company with documentation of your losses. They will quietly settle it and the lifeguard will probably be fired. Under the Law of Agency, he has NO personal liability to you.
2007-12-15 01:37:26 · answer #4 · answered by Mike 7 · 1⤊ 1⤋
I'd talk to his boss, the person in charge of hiring and firing and make it known that his reckless attitude could cost them the closure of their facility next time (might get them thinking) and explain the you have a problem with an over confident life guard (who's job is to protect) that shows no remorse when he has caused harm. Next time.. it could be worse!
Good Luck :)
2007-12-15 01:35:24 · answer #5 · answered by Imogen 3 · 1⤊ 1⤋
I would teach my son to dive myself and not punish someone who tried to help, especially since I did nothing to stop a poorly conceived exercise. Take some responsibililty, you allowed this to happen, you were there and didn't stop it. If it had not lead to an injury, you would be very happy.
2007-12-15 01:35:27 · answer #6 · answered by catinthehat99 3 · 5⤊ 0⤋
Maria had the answer, you gave permission for this to happen and sounds like you may not have a case.
2007-12-15 11:21:17 · answer #7 · answered by gfcbarracker 6 · 1⤊ 0⤋
Unfortunately, since you gave the lifeguard permission to do this, there isn't much you can do. I hope that your son is well though. Good luck.
2007-12-15 01:33:26 · answer #8 · answered by Anonymous · 5⤊ 1⤋
I don't trust lifeguards. My good friend almost drowned (she's not a very good swimmer) right in front of the lifeguard at the beach and he did nothing. Her cousin was thankfully there to help me get her to shore.
2007-12-15 01:36:43 · answer #9 · answered by Claire J 2 · 1⤊ 3⤋
stop being a douche!
would you sue a fireman if he dropped you, while carrying you out of a burning building?
over excessive but same situation...
so dont be a ****
2007-12-15 01:35:30 · answer #10 · answered by Chrissssssss 1 · 4⤊ 0⤋